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TAKING CHARGE


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RESOURCES - SINGLE AND DIVORCING PARENTS

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Anonymous, you can file a motion to correct clerical errors in the motion. Avoid critical remarks about the lawyer. That won't help you. Simply present the transcripts, (order originals, sealed, for the court's file), recite the errors between the Court's ruling on the record and the Order that was signed. Point out that you were not allowed to properly review the Order prior to entry. Ask the Court to correct the Order.


See Michigan Court Rule MCR 2.612(A), and recite it in your motion.

Rule 2.612 Relief From Judgment or Order
(A)Clerical Mistakes.
(1)Clerical mistakes in judgments, orders, or other parts of the record and errors arising from oversight or omission may be corrected by the court at any time on its own initiative or on motion of a party and after notice, if the court orders it.

Good luck to you. Jeanne

Hi, (1) How does a pro per parent in a child custody case defend against an attorney who writes orders after the hearing that does not follow the instructions of the court correctly? I have purchased the transcripts from the case and what the Attorney put in the order is not in the transcript. This has happen on a few occasions per research of additional transcripts. (2) How do I bring this to the attention of the court? One in particular was earlier this year that incorrectly changed the Plaintiff and Defendant around even. I was a pro per then also and was not even given time to review the Order before it was signed by the court. I would have filed objections to the proposed order if so. (3) Should I motion the court to correct the Orders that have misleading tactial agenda type wording that are not factual and not per Court's instructions? Thank you for your time and your very informational blog.

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